Wills

Advance Directives–Do you have yours?

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advance directives

What are Advance Directives?

“A living will allows you to document your wishes concerning medical treatments at the end of life.

Before your living will can guide medical decision-making two physicians must certify:

  • You are unable to make medical decisions,
  • You are in the medical condition specified in the state’s living will law (such as ‘terminal illness’ or ‘permanent unconsciousness’),
  • Other requirements also may apply, depending upon the state.

A medical power of attorney (or healthcare proxy) allows you to appoint a person you trust as your healthcare agent (or surrogate decision maker), who is authorized to make medical decisions on your behalf.

Before a medical power of attorney goes into effect a person’s physician must conclude that they are unable to make their own medical decisions. In addition:

  • If a person regains the ability to make decisions, the agent cannot continue to act on the person’s behalf.
  • Many states have additional requirements that apply only to decisions about life-sustaining medical treatments.
  • For example, before your agent can refuse a life-sustaining treatment on your behalf, a second physician may have to confirm your doctor’s assessment that you are incapable of making treatment decisions.

What Else Do I Need to Know?
Advance directives are legally valid throughout the United States. While you do not need a lawyer to fill out an advance directive, your advance directive becomes legally valid as soon as you sign them in front of the required witnesses. The laws governing advance directives vary from state to state, so it is important to complete and sign advance directives that comply with your state’s law.”

Click here to receive a free copy of your state’s advance directives form

Must-do list: Write or review/update your will

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How to Finally Write Your Will

“Gold star if you’ve already drafted one. But more than half of American adults have not. Rachel Emma Silverman, the author of The Wall Street Journal Complete Estate Planning Guidebook, clears away the obstacles so you can check this off your must-do list.”

By Kathleen Harris for Real Simple
October 2016
“Do I need a lawyer to write a will?

It’s like doing your taxes: You can file without an accountant—or do a will without a lawyer—but personal situations and state laws can make things complex. If, for example, you have children or have many assets, you’ll probably want a lawyer to help ensure that everything is in proper order. Also, if you live in a state that has estate or inheritance taxes (some don’t), a lawyer can strategize ways to minimize taxes, saving your family lots of money. In other words, most people should hire one.write your will

What kind of lawyer do I need?

One who specializes in estate planning.

Is this going to cost me a fortune?

Not if you find a lawyer who charges a flat fee rather than an hourly rate for this service. This is totally doable, but flat fees come in various sizes, depending on local rates and the complexity of your estate plan. (For example, if you want to create a trust to save on estate taxes—or so you can implement rules about when your kids can access their inheritance—that’s more complex and will probably mean a higher flat fee.) Expect to pay between $1,000 and $3,000.

That’s just for a will?

It should be for the suite of estate-planning documents that you need: living will, powers of attorney, for finances and health care.

What if I can’t afford that?

I highly recommend using a trusted lawyer, but if your situation is simple— straightforward assets, no health issues, no multiple marriages—you can try will-writing software, like Quicken WillMaker. It covers all states except Louisiana.”

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“Who is going to get what you leave behind?”

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“The Best Bequest”Lutheran Hour Ministries

#84-09
Presented on The Lutheran Hour on October 30, 2016
By Rev. Dr. Ken Klaus, Speaker Emeritus of The Lutheran Hour
Copyright 2016 Lutheran Hour Ministries

“Although it is not strictly mandatory from a legal point of view, novels and films have taught us that a person’s last Will and Testament really ought to begin with the words, “I (and then you insert your whole name) being of sound mind and body, do hereby bequeath to (and then you list who gets what). Now that phrase has always caused me a problem. Since many wills are written when a person’s physical condition has deteriorated to the point where they expect the grim reaper to come calling any minute, how can they say they are in ‘sound body.’ So, rather than wondering, I went to one of my lawyer friends and asked him. He laughed and told me that the expression is not a medical one; it is merely a statement that the individual is capable of making the decisions which follow in the rest of the document.

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